The Business School
Due Date: Friday, noon, of Week 8
Angelo is the owner of a caravan park and provides both short term leases and long term leases of on-site caravans. While Angelo has had no problems leasing on-site caravans for a month or two at a time, he is having difficulties finding people who wish to lease an on-site caravan for a period of 12 months or longer.
Angelo leases an on-site caravan to Christie at a weekly rental of $150 for a period of a year. After the expiry of the year, Angelo tells Christie that he needs to increase the weekly rental by $50. Christie tells Angelo she does not think she can afford the increase, and that she has heard of a caravan in another caravan park which may be available for $170 per week. Angelo says to Christie, “I will see what I can do”.
The lease between Angelo and Christie is renegotiated for a further 12 months, but the rent is increased to $200 per week. Angelo, however, enters a verbal agreement with Christie that he will accept $175 per week, and this is the amount Christie pays.
Ever since Christie arrived, she has had a number of loud parties and the tenants in the neighbouring caravans have often complained about the noise. Although Angelo has ignored these complaints for some months, the sheer number he has received has finally forced him to act. Angelo serves a notice on Christie claiming arrears in rent; the difference between the amount stated in the lease ($200 per week) and the amount she had been paying as a result of her oral agreement with Angelo.
Required: Discuss whether Christie is required to pay the arrears in rent claimed by Angelo. Refer to relevant legal principles and case law in your answer XXXXXXXXXXmarks)
Ali is one of those who complains. He also signed up for a 12 month period after Christie had been there for around 10 months. Before he signed the lease, he explains to Angelo that he and his family were recent immigrants to Australia from a war zone. He needs somewhere quiet for his children to get over their fright and anxiety from the dangers they had faced while in a refugee camp. Angelo points to a clause in the lease document which says:
“Code of Behaviour:
All our residents are entitled to the respect and consideration of others.
All our residents are expected to behave in a civilised manner at all times and not to pose a nuisance to others.”
He also assures Ali that “all our residents enjoy the peace and quiet.”
Ali has now told Angelo that he will have to leave and find somewhere quieter in which to live. Angelo responds: “I never said it was quiet here, obviously people enjoy peace and quiet but I can’t make them be quiet! If you break your lease you will have to pay me to the end of the year. It says so in the contract you signed.”
Required: Discuss whether Ali is required to pay the balance of the lease. Refer to relevant legal principles and case law in your answer XXXXXXXXXXmarks)
Further Guidance on the assignment
For each part of the assignment (there are two questions to answer) you should do the following:
a. Identify the legal issue or issues that arise in the scenario (2 marks)
b. Identify (and justify) the legal principles and cases of relevance (3 marks)
c. Apply the law to the facts of the situation (analysis XXXXXXXXXXmarks)
d. Offer a conclusion (answer the question posed XXXXXXXXXXmarks)
Grades will be awarded on the following basis:
High Distinction: Excellent …… XXXXXXXXXX% (24 or above)
A detailed, coherently written, organised assignment that answers the question succinctly. An objective reasoned argument that focuses on the relevant issues of the topic, and is expanded and developed with appropriate examples. Principles of law integrated well into the analysis. Shows evidence of having read relevant texts, journals, and so on and clearly references any authors quoted in the assignment. No or very minor errors of expression.
Distinction: Very Good……70-79% (21-23)
Gives a sound analysis with most of the principles of law applied. Principles defined and explained to an acceptable level. Shows a good understanding of most of the principles and integrates them satisfactorily into the analysis. Some good examples given. Lacks the depth of an “A” analysis. Well structured – minor inadequacies. Referencing is good but some minor flaws evident. Mainly logical and coherently organised. Clear and concise and correctly written.
Credit: Good….. …….60-69% (18-20)
Analysis is good with most of the main principles identified and applied. The main argument is sustained but may have some weaknesses. Generally demonstrated reading and thinking about the topic. Structured reasonably well and organised in a logical fashion. All sources acknowledged correctly. Generally presented well and with consistent use of terminology, correct spellings and expressions.
Pass: Satisfactory…50-59% (15-17)
Analysis is adequate with a number of the main principles of law identified and applied. Difficulty in sustaining or developing a coherent argument, showing some confusion, but generally demonstrating evidence of reading and thinking about the topic. Structured reasonably well and organised in a somewhat logical fashion. Sources acknowledged. Generally correct expression and spelling with writing of a satisfactory standard.
Fail Level 1 (MN): Unsatisfactory. 40-49% (12-14)
Analysis shows some understanding but incomplete and inconsistent. Argument is not complete or comprehensive. Some support offered for the argument but inadequate and/or irrelevant. Explanation of the issues and solution is not adequate. Somewhat superficial overall, some attempt to establish a structure but inadequate. Inadequate referencing.
Fail Level 2 (NN) Poor…………..0-39% (below 12)
Analysis shows little understanding of the problems and few principles discussed. Lacks examples, definitions and explanations in some instances. A superficial, general analysis supplying mainly anecdotal information. Not logically organised. Inadequate referencing and poor expression of concepts.